Penal Code section 4019 was amended in September 2010 to prevent the application of additional presentence credits for those sentenced to jail. The change in the law affects only those who commit their crimes after the amendment became effective which was September 28, 2010. Penal Code section 2933 was amended to continue to provide one-for-one conduct credits for qualified prisoners.

The California Supreme Court is currently reviewing whether the benefits of the amended statutes apply retroactively. An updated sample motion to be filed in the trial court and an updated sample opening brief are below.